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COMPACT HIGHLIGHTS:
Big Lagoon Rancheria and Los Coyotes Band’s Compacts with the State
of California.
The compacts between the state of California and the Los Coyotes and
Big Lagoon tribes allow for a unique casino development, on newly acquired
lands, in the city of Barstow. The compacts will allow each tribe to
develop a casino as part of a unified project, providing the tribe with
the means to achieve self-sufficiency while protecting the environment,
generating revenues for the state, and providing the economically challenged
local community an economic engine that will capture tourists’ dollars
otherwise bound for Las Vegas, provide jobs and add much needed revenues
to the local government. The compacts for each Tribe are identical except
for provisions addressing development of each tribe’s current reservation
land.
BIG LAGOON COMPACT
The Big Lagoon Rancheria agrees to settle its Indian Gaming Regulatory
Act lawsuit with the State and agrees to not develop a casino or any
other commercial enterprise on its rancheria in Humboldt County. The
agreement not to develop on their sovereign tribal land preserves an
ecologically important coastal lagoon.
LOS COYOTES BAND COMPACT
The Los Coyotes Band of Indians agree not to develop a casino on its
existing reservation land in San Diego County, and to join the Big Lagoon
on a unified project.
BOTH COMPACTS
Casino Resort: Each tribe is allowed to develop a single casino on approximately
23.5 acres of adjoining lands in Bartow. The two casinos will be developed
within a single destination resort setting, instead of each tribe operating
casinos at separate locations.
Each tribe will be allowed to have up to 2250 electronic games. Both
tribes plan on starting with 1250.
Term: Both compacts are in effect until December 31, 2025.
Create Revenue Sharing for California and Barstow: Both compacts have
a revenue sharing plan calling for payments to the state and the city
of Barstow:
State:
• 16% on $0-$100 million net win of gaming revenues
• 20% on $100 - $200 million net win of gaming revenues
• 25% on $200 million or more in net gamming revenue
*Net Gaming revenues include both slot and table games
Tribal Exclusivity:
Tribal
payments to the state are conditioned upon “tribal
exclusivity” within 40 miles of Barstow. If non-tribal gaming or tribal
gaming on new off-reservation lands (where a tribe did not meet the strict
requirements met by Big Lagoon and Los Coyotes) is allowed within the defined
geographic market,
tribal payments to the State would be greatly reduced. (Tribal gaming authorized
on reservation lands would not affect the payments by Big Lagoon and Los
Coyotes.)
Mitigate Local Impacts:
Both tribes are required to execute mitigation agreements with the City
of Barstow. This includes having Municipal Service Agreements (MSA) with
the city of Barstow that include payments to the city and require environmental
reviews. The Los Coyotes tribe already has an MSA that calls for payments
of 4.3% of net win and other mitigation measures, including payments
for infrastructure and other services. Big Lagoon is currently negotiating
its MSA with the City of Barstow.
Create Problem Gambling Programs: Both tribes will participate in an active program
to mitigate problem gambling.
Tribal and Union Relations: The casinos will be built by union labor. Under the
compacts, the Tribes also agree to allow casino employees to organize and bargain
collectively.
Meet the Governor’s Off-Reservation Policy:
“ Off-Reservation” gaming,
while rare, is expressly permitted under federal law. These Tribes will obtain
approval for their compacts by having The Secretary of Interior determine that
the facilities are in the best interest of the Tribes and are not detrimental
to the community. The Governor must concur in the Secretary’s determination,
and it is up to his discretion to decide whether to do so. The compacts meet
the Governor’s strict standards for off-reservation gaming in that:
• The casinos are not in an urbanized area
• This project has local government support
• This project has local community support
• The project furthers a clear, independent state public policy other than
economic benefits
Local Government Support:
The compact calls for local
approval of Indian casinos demonstrated by an unbiased scientific poll
of the city’s residents.
That requirement has already been met by a poll conducted by the San Jose
State University
Survey and Policy Research Institute showing that residents of Barstow
overwhelmingly support Native American-owned casino gambling near the
retail outlet malls
in their community by a margin of 66%-21%.
Independent State Policy: The compacts meet the Governor’s requirement
that the project substantially serves a clear and independent state policy,
by protecting the environmentally sensitive Big Lagoon area in Northern
California from future commercial development. The project also consolidates
two potential
casino sites into one.
Environment:
In addition to serving the
State’s strong interest in
protecting the sensitive coastal lagoon habitat area at the Big lagoon,
the compacts require
a Tribal Environment Impact Report and process to analyze potentially significant
off-reservation impacts of the project.
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